Arnwine Obtains Favorable Ruling on Appeal

The Alabama Supreme Court has overturned a $550,000.00 default judgment after finding that the trial court exceeded its discretion in denying a motion to set aside a default judgment.  The case concerns a 2012 accident that occurred while a logging truck was backing into a residential driveway.  A complaint filed after the accident went unanswered due to an oversight by the insurance carrier.  Once the oversight was discovered, an answer was filed along with a motion to set aside the default judgment.  The trial court never ruled on the motion; thus, it was denied “by operation of law” (i.e., the motion was denied automatically as soon as 90 days had passed from the date it was filed).  In his filings with the trial court, Rob established that the defendant had valid defenses to the claims and that the failure to answer was simply a mistake.  On appeal, the Alabama Supreme Court relied on these filings in finding that the default judgment should have been set aside so that the case could be properly litigated.  Hilyer v. Fortier, No. 1140991 (January 6, 2017 Ala.).  Of note, this was actually the second time the case was before the Supreme Court.  In 2015, the Supreme Court ruled that a trial court cannot allow a properly-supported motion to set aside a default judgment to be denied by operation of law.  Hilyer v. Fortier, 176 So. 3d 809 (Ala. 2015).  Please contact Rob if you would like to discuss the Hilyer opinions or the procedure for setting aside default judgments in general.

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Carr Allison shareholder Jennifer A. Sullivan of our Tallahassee (FL) office has been named a 2026 Florida Super Lawyer®. Attorneys are selected as a Super Lawyer through a rigorous process of peer nominations, peer evaluations and third-party research.  Congratulations, Jennifer! 

Sherman, Szczesniewicz and Akopyan Named as 2026 Florida Super Lawyers® Rising Stars

Carr Allison is proud to announce that attorneys Austin C. Sherman, Caroline Bateh Szczesniewicz and Betty Akopyan have been selected as 2026 Florida Super Lawyers® Rising Stars. Rising Stars are selected through a rigorous process of peer nominations, peer evaluations and third-party research. Eligibility is limited to attorneys who are 40 years old or younger or have been in […]

Sausaman and Hensch Granted a Summary Judgment

Alison H. Sausaman and Andrew Jarrad Hensch prevailed on a motion for final summary judgment in a premises liability case. They successfully argued that the subject change in elevation was not a dangerous condition as a matter of law, resulting in the case being dismissed in its entirety. Well done […]


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